THE MATERNITY BENEFIT MINES AND CIRCUS RULES, 1963hrylabour.gov.in/staticdocs/labourActpdfdocs/THE...THE HARYANA MATERNITY BENEFIT RULES, 1967 THE MATERNITY BENEFIT (MINES AND CIRCUS)

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THE HARYANA MATERNITY BENEFIT RULES, 1967�

THE MATERNITY BENEFIT (MINES AND CIRCUS)

RULES, 1963

INDEX

Rules/

Form No.

Description

1. Short title and commencement

2. Definitions

3. Muster-roll

4. Proof

5. Payment of Maternity and other Benefits

6. Break for nursing child

7. Duties and powers of the Competent Authority and

Inspectors

8. Acts which constitute gross misconduct

9. Appeal under section 12

10. Complaint under section 17

11. Appeal under section 17

12. Supply of forms

13. Non-submission of notices, appeals or complaints in

the prescribed forms

14. Records

15. Abstract

16. Annual returns

FORM A Muster Roll

FORM B Medical Certificate

FORM C Death Certificate

FORM D Certificate from Mid-wife

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FORM E Notice under section 6 of the Maternity Benefit Act,

1961

FORM F Form of Receipt of Maternity Benefit

FORM G Form for Appeal

FORM H Form for complaint

FORM I Complaint by Legal representative

FORM J Form of Appeal

FORM K Abstract of the Act

FORM L Annual Return for the Year ending on the 31st

December, 19....

FORM M Employment, Dismissal, Payment of Bonus, etc., of

women for year 318

FORM N Details of Payment made during the year ending 31st

Dec.

FORM O Prosecution during the year

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THE MATERNITY BENEFIT (MINES AND CIRCUS) RULES, 19631

In exercise of the powers conferred by section 28 of the Maternity Benefit Act,

1961 (53 of 1961), the Central Government hereby makes the following rules, the

same having been previously published as required by sub-section (1) of the said

section, namely:—

1. Short title and commencement.—(1) These rules may be called the

Maternity Benefit 2[Mines and Circus] Rules, 1963.

(2) They shall come into force on the 1st November, 1963.

2. Definitions.—In these rules, unless the context otherwise requires,—

(a) the “Act” means the Maternity Benefit Act, 1961 (53 of 1961);

3[(aa)“circus” means an establishment wherein persons are employed for the

exhibition of equestrian, acrobatic and other performances;]

4[(b)“Competent Authority” means the Chief Labour Commissioner (Central);]

(c) “Form” means a form appended to these rules;

(d) “muster-roll” means a muster-roll maintained under rule 3;

(e) “Registered Medical Practitioner” means a medical practitioner whose

name has been enrolled in a register maintained under any law for the time

being in force regulating the registration of practitioners of medicine;

(f) “section” means a section of the Act;

(g) All other words and expressions used hereinafter but not defined herein shall

have the same meaning as respectively assigned to them in the Act.

3. Muster-roll.—(1) The employer of 5[every mine or circus] in which women

are employed shall prepare and maintain a muster-roll in Form ‘A’ and shall

enter therein particulars of all women workers in 6[the mine or circus].

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1 Vide. G.S.R. 1642, dated 5th October, 1963. The words “(Mines and circus)” appearing on the short title were substituted for “(Mines)” by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).

2 Subs. for “(Mines)” by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 3 Ins. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 4 Subs. by G.S.R. 64, dated 4th February, 1992 (w.e.f. 15-2-1992). 5 Subs. for “every mine” by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 6 Subs. for “the mine” by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).

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(2) All entries in the muster-roll shall be made in ink and maintained up-to-date

and it shall always be available for inspection by the Inspector during working

hours.

(3) The employer may enter in the muster-roll such other particulars as may be

required for any other purpose of the Act.

4. Proof.—(1) The fact that a woman is pregnant or has been delivered of a

child 1[or has undergone miscarriage or medical termination of pregnancy or

tubectomy operation or is suffering from illness arising out of pregnancy,

delivery, premature birth of a child or miscarriage or medical termination of

pregnancy or tubectomy operation] shall be proved by the production of a

certificate to that effect,—

(a) from a Medical Officer of a regional hospital or a dispensary set up under the

Coal Mines Welfare Organisation; or

(b) where there is a Mines Board of Health within whose jurisdiction 1[the mine]

is situated, from the Medical Officer of that Board; or

(c) from a Registered Medical Practitioner.

The certificate shall be in Form ‘B’.

(2) The fact that a woman has been confined may also be proved by the

production of a certified extract from a birth register maintained under the

provisions of any law for the time being in force or a certificate signed by a

registered midwife.

(3) The fact that a woman has undergone miscarriage may also be proved by the

production of a certificate signed by a registered midwife.

(4) The fact of death of a woman or a child may be proved by the production of a

certificate to that effect in Form ‘C’ from any of the authorities referred to in

sub-rule (1) or by the production of a certified extract from a death register

maintained under the provisions of any law for the time being in force.

(5) The certificate from a registered midwife shall be in Form ‘D’.

5. Payment of maternity and other benefit.—(1) A woman employed in 1[a

mine or circus] and entitled to maternity benefit shall give notice to her

employer in Form ‘E’ and the employer shall make payment of the maternity

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1 Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).

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benefit and any other amount due under the Act to the woman concerned, or,

in case of her death before receiving such maternity benefit or amount, or

where the employer is liable for maternity benefit under the second proviso to

sub-section (3) of section 5, to the person nominated by the woman in her

notice in Form ‘E’ and in case there is no such nominee to her legal

representative.

(2) In case of doubt, the maternity benefit or other amount due to a woman

employed in 1[a mine or circus] shall be deposited by the employer, within two

months of the date of death of the woman concerned with the Competent

Authority, who shall, after making necessary enquiries, pay it to the person

who, in his opinion, is entitled to receive it.

(3) Whenever the payment referred to in sub-rule (1) is made, a receipt shall be

obtained by the employer in Form ‘F’ from the person to whom the payment

is made. In cases falling under sub-rule (2), a receipt shall be given to the

employer by the Competent Authority.

(4) The medical bonus shall be paid along with the second instalment of the

maternity benefit.

(5) The maternity benefit or any other amount payable under section 7 shall be

paid within two months of the date of death of the woman entitled to receive

such benefit or amount.

(6) The wages payable under section 9 shall be paid to the woman entitled to

receive such wages within forty-eight hours of production by her of the

certificate in Form ‘B’ or Form ‘D’.

2[(6)(a) The wages payable under section 9A of the Act shall be paid to the

woman entitled to receive such wages within forty-eight hours of production

by her of the certificate in Form B.]

(7) The wages payable under section 10 shall be paid to the woman entitled to

receive such wages within forty-eight hours of the expiry of the period of

leave referred to in that section.

6. Break for nursing child.—Each of the two breaks mentioned in section 11

shall be of 15 minutes’ duration. An extra sufficient period, depending upon

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1 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 2 Ins. by G.S.R. 70 (E), dated 31st January, 1996 (w.e.f. 31-1-1996).

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the distance to be covered, shall be allowed for the purpose of journey to and

from the creche or the place where the children are left by women while on

duty, provided that such extra period shall not be of less than 5 minutes and

more than 15 minutes’ duration. If any dispute arises regarding such extra

period, the matter shall be referred to the Competent Authority for decision.

7. Duties and powers of the Competent Authority and Inspectors.—(1) The

Competent Authority shall be responsible for the administration of these rules

throughout the territories to which they extend.

(2) Every Inspector shall discharge his duties within the area assigned to him by

the Central Government and shall act under the supervision and control of

the Competent Authority.

(3) Every Inspector shall at each inspection of 1[a mine or circus] see.—

(a) whether due action has been taken on every notice given under section 6;

(b) whether the Muster-roll prescribed under rule 3 is correctly maintained;

(c) whether there have been any cases of discharge or dismissal or notices of

discharge or dismissal in contravention of the provisions of section 12 since

the last inspection;

(d) whether the provisions of sub-section (1) of section 4, sub-sections (5) and

(6) of section 6, sections 8,9,2[9A], 10,11,13 and 19 have been complied with

and whether amounts due have been paid within the prescribed time;

(e) whether there have been any cases of deprival of maternity benefit or medical

bonus in contravention of sub-section (2) of section 12; and

(f) how far the irregularities pointed out at previous inspections have been

remedied and how far orders previously issued have been complied with.

(4) Where an Inspector observes irregularities against the Act or these Rules, he

shall issue orders in writing to the employer asking the latter to rectify the

irregularities within a specified period and to report compliance to the

Inspector.

8. Acts which constitute gross misconduct.—The following acts shall

constitute gross misconduct for purpose of section 12, namely:—

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1 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 2 Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).

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(a) willful destruction of employer’s goods or property;

(b) assaulting any superior or co-employee at the place of work;

(c) criminal offence involving moral turpitude resulting in conviction in a court of

law;

(d) theft, fraud, or dishonesty in connection with the employer’s business or

property; and

(e) willful non-observance of safety measure or rules on the subject or willful

interference with safety devices or with fire fighting equipment.

9. Appeal under section 12.—(1) An appeal under clause (b) of sub-section (2)

of section 12 shall be preferred to the Competent Authority in Form ‘G’.

(2) The appeal may be made in writing and either handed over personally or sent

under a registered cover to the Competent Authority.

(3) When an appeal is received, the Competent Authority shall furnish a copy of

the memorandum of appeal to the employer, call for his reply thereto and also

ask him to produce documents connected with the issue of the appeal by a

fixed date. The Competent Authority may ascertain further details, if

necessary, from the employer as well as from the woman. On considering the

facts presented to him and ascertained by him the Competent Authority shall

give his decision. In case the employer fails to submit his reply or produce the

required documents within the specified period, the Competent Authority may

give his decision ex parte.

10. Complaint under section 17.—(1) A complaint under sub-section (1) of

section 17 shall be made in writing in Form ‘H’, or ‘I’ as the case may be.

(2) When a complaint referred to in section 17 is received by an Inspector, he

shall examine the relevant records maintained by the employer in this behalf,

examine any person employed in 1[the mine or circus] and take down

necessary statement for the purpose of the enquiry and if he is satisfied that

the maternity benefit or the amount has been improperly withheld, he shall

direct the employer to make the payment to the woman or to the person

claiming the payment under section 7, as the case may be, immediately or

within a specified period.

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1 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).

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11. Appeal under section 17.—(1) An appeal against the decision of the

Inspector under sub-section (2) of section 17, shall lie to the Competent

Authority.

(2) The aggrieved person shall prefer an appeal in writing to the Competent

Authority in Form ‘J’ and file other supporting documents.

(3) When an appeal is received, the Competent Authority shall call from the

Inspector before a fixed date, the record of the case. The Competent

Authority shall, if necessary, also record the statements of the aggrieved

person, and of the Inspector and seek clarification if any is required.

(4) Taking into account the documents, the evidence produced before him and

the facts presented to him or ascertained by him, the Competent Authority

shall give his decision.

12. Supply of forms.—The employer shall supply to every woman employed by

him at her request free of cost copies of Forms ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, ‘H’

and I.

13. Non-submission of notices, appeals or complaints in the prescribed

forms.— Nothing in rules 5,9 and 10 shall affect the right of a woman entitled

to receive maternity benefit or any other amount due under the Act if she fails

to submit a notice, appeal or complaint under the said rules, as the case may

be, in a prescribed form:

Provided that where a notice, appeal or complaint under the said rules has

been submitted by a woman entitled to receive maternity benefit or any other

amount due under the Act in a form other than the prescribed form, the

authority concerned may, within 15 days of the receipt of such notice, appeal

or complaint require the woman to submit the notice, appeal or complaint, as

the case may be, in the prescribed form.

14. Records.—Records kept under the provisions of the Act and these Rules

shall be preserved for a period of two years from the date of their preparation.

15. Abstract.—The abstract of the provisions of the Act and these rules required

to be exhibited under section 19 shall be in Form ‘K’ and shall be exhibited in

such manner as the Competent Authority may require.

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16. Annual returns.—(1) The employer of 1[every mine or circus] shall on or

before the 21st day of January in each year submit to the Competent

Authority a return in each of the Forms ‘L’, ‘M’, ‘N’ and ‘O’ giving information

as to the particulars specified in respect of the preceding year.

(2) If the employer of 2[a mine or circus] to which the Act applies sells, abandons

or discontinues the working of 3[the mine or circus] he shall, within one month

of the date of sale or abandonment or four months of the date of

discontinuance, as the case may be, submit to the Competent Authority a

further return in each of the said forms in respect of the period between the

end of the preceding year and the date of sale, abandonment or

discontinuance.

FORM A

(See rule 3)

MUSTER-ROLL

Name of 4[mine or circus]…………………………………………………………………..

1. Serial Number…………………………………………………………………………..

2. Name of woman and her father’s (or, if married, husband’s)

name…………………..

………………………………………………………………………………………….

3. Date of

appointment…………………………………………………………………...

4. Nature of

work…………………………………………………………………………

5. Dates with month and year in which she is employed, laid off and not

employed.

Month No. of No. of No. of days days laid days not Remarks employed off employed

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1 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 2 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 3 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 4 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).

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………………………………………………………………………………………………

6. Date on which the woman gives notice under section

6……………………………...

7. Date of discharge/dismissal, if

any……………………………………………………

8. Date of production of proof of pregnancy under section

6……………………………

9. Date of birth of

child…………………………………………………………………..

10. Date of production of proof of delivery/miscarriage/1[Medical Termination of

pregnancy/ tubectomy

operation/death.]……………………………………………..

………………………………………………………………………………………….

11. Date of production of proof of illness referred to in section

10………………………

12. Date with the amount of maternity benefit paid in advance of expected

delivery…..

………………………………………………………………………………………….

13. Date with the amount of subsequent payment of maternity

benefit…………………

………………………………………………………………………………………….

14. Date with the amount of bonus, if paid, under section

8…………………………….

………………………………………………………………………………………….

15. Date with the amount of wages paid on account of leave under section

9………….

…………………………………………………………………………………………

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1 Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).

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THE HARYANA MATERNITY BENEFIT RULES, 1967�1[15A. Date with the amount of wages paid on account of leave under section

9A.]….

………………………………………………………………………………………….

16. Date with the amount of wages paid on account of leave under section 10

and period of leave

granted………………………………………………………………..

………………………………………………………………………………………….

17. Name of the person nominated by the woman under section

6………………………

………………………………………………………………………………………….

18. If the woman dies, the date of her death, the name of the person to whom

maternity benefit and/or other amount was paid, the amount thereof, and the

date of

payment……………………………………………………………………………..

19. If the woman dies and the child survives, the name of the person to whom the

amount of maternity benefit was paid on behalf of the child and the period for

which it was

paid………………………………………………………………………

………………………………………………………………………………………….

20. Signature of the employer of 2[the mine or circus] authenticating the entries in

the muster-

roll……………………………………………………………………………...

21. Remarks column for the use of the Inspector.

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1 Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996). 2 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).

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FORM B

[See rule 4(1)]

This is to certify that I examined..................................wife/daughter of…….....

…………………………. a woman employee in.......................................................

………………………………………………………………………………………………

(name of 1[mine or circus]) on...............................................................................

(date) and found/cannot discover that she is pregnant and is expected to be

delivered of a child within (month and/days) from the above mentioned date/has

undergone miscarriage/ 2[Medical termination of pregnancy or tubectomy

operation]/has been delivered of a child on…………….....(date) or is suffering

from ……………......(date) from illness arising out of

pregnancy/delivery/premature birth of a child or miscarriage/3[Medical termination

of pregnancy or tubectomy operation].

Signature, qualifications and designation of

Medical Officer/Medical Practitioner.

Date...........................

Definitions of “child” and “miscarriage” as in the Maternity Benefit Act, 1961.—

1. “Child” includes a still-born child.

2. “Miscarriage” means expulsion of the contents of a pregnant uterus at any

period prior to or during the twenty-sixth week of pregnancy but does not

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1 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 2 Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996). 3 Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).

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include any miscarriage, the causing of which is punishable under the Indian

Penal Code.

FORM C

[See rule 4(4)]

This is to certify that Smt...............................................................

wife/daughter of…………………………………………………………....employed in

…………………………………………………………………………………………......

(name of 1[mine or circus]) expired on .........................................before/

during/after confinement. The child died on……………..../survives her.

Signature, qualifications and designation of

Medical Officer/Medical Practitioner

Date...............................

FORM D

[See rule 4(5)]

This is to certify that I examined....................................................

wife/daughter of................................................................................................. a

woman employed in ..........................................................................................

(name of 2[mine or circus]) and found that she has been delivered of a child/has

undergone miscarriage on…………………………….....(date).

Signature of registered midwife.

Date..... ...................

Definitions of “child” and “miscarriage” as in the Maternity Benefit Act, 1961—

1. “Child” includes a still-born child.

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1 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 2 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).

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2. “Miscarriage” means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code.

FORM E

[See rule 5(1)]

NOTICE UNDER SECTION 6 OF THE MATERNITY BENEFIT ACT, 1961

To

……………………………….....(name of 1[mine or circus])

1 …………………………………………………………..... (name of woman)

wife/daughter of ............................................... employed as...........................

at……………………………..... (name of 2[mine or circus]), hereby give notice

that I expect to be confined within six weeks next following from the date of

this notice/have given birth to a child on

....................................................(date) and shall be absent from work from

.......................................................(date). I shall not work in any

establishment during the period for which I receive maternity benefit.

2. For the purpose of section 7, I hereby

nominate………………………………...... (here enter name and address of the

nominee) to receive maternity benefit and/or any other amount due to me

under the Act in case of my death.

Signature of an Attester in case the woman is not able to sign

and affix thumb impression. Signature or thumb impression of woman

Date................................

FORM F

[See rule 5(3)]

FORM OF RECEIPT OF MATERNITY BENEFIT

To

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1 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 2 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).

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…………………....... (name of 1[mine or circus])

I, …………………………………..... the undersigned, a woman employee/the

nominee of .......................................................woman employee/legal

representative of.......................................... woman employee deceased in

.............................................(name of 2[mine or circus]) at………………………...

in………………………………………... district received maternity benefit and/or

other amount due under the Maternity Benefit Act, 1961, from the employer of

3[mine or circus] referred to above, as detailed below:—

Rs........................ being the first instalment of maternity benefit paid

on..................

Rs....................... being the second instalment of maternity benefit after delivery

paid on.........................

Rs…………………………........ being the medical bonus under section 8 of the

Act paid on.......................................

Rs……………………………………....... being the wages for the leave period from

………………............ to…………...... mentioned under 4[section 9,9Aor 10].

*My/Her confinement/miscarriage 5[Medical termination of pregnancy or

tubectomy operation] took place on.....or I/she fell ill because of pregnancy,

delivery, premature birth of a child or miscarriage 6[Medical termination of

pregnancy or tubectomy operation] on………………………...... In consequence

I...................................... her nominee/legal representative have received the

aforesaid amounts prescribed in 7[sections 5, 8, 9, 9A and 10] of the Maternity

Benefit Act, 1961.

Signature or thumb impression of.....

* Woman employee or her nominee or legal representative

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1 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 2 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 3 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 4 Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996). 5 Ins. by G.S.R. 70 (E), dated 31st January, 1996 (w.e.f. 31-1-1996). 6 Ins. by G.S.R. 70 (E), dated 31st January, 1996 (w.e.f. 31-1-1996). 7 Subs. by G.S.R. 70 (E), dated 31st January, 1996 (w.e.f. 31-1-1996).

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Signature of an Attester in case the woman is

not able to sign and affixes thumb impression

Date.....

* Strike out unnecessary portion.

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FORM G

[See rule 9]

To

The Competent Authority

(Appointed under the Maternity Benefit Act, 1961).

………………………......(Address)

Sir,

I………………………………………........ the undersigned, woman employee

of............................ (name and full address 1[mine or circus]) have been wrongly

deprived by the employer of maternity benefit or medical bonus or both (strike out

unnecessary portion) for the reasons attached hereto, prefer this appeal under

sub-section (2) of section 12 and request that the said employer be ordered to

pay the above mentioned amount to me. A copy of the order of the employer in

this behalf is enclosed.

Date .......................................... Signature or thumb impression of the woman

Signature of an Attester in case the woman is

not able to sign and affixes thumb impression.

Full address of the nominee/legal representative

FORM H

[See rule 10]

To

The Inspector,

(Under the Maternity Benefit Act, 1961)

Sir,

I……………………………………………..... (name of woman) employed in

………………………………....... (name and full address of 2[mine or circus])

having fulfilled the conditions laid down in the Maternity Benefit Act, 1961 and the

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1 Subs. by G.S.R. 59 (E), dated 27th February, 1975 (w.e.f. 1-3-1975). 2 Subs. by G.S.R. 59 (E), dated 27th February, 1975 (w.e.f. 1-3-1975).

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Rules thereunder, am entitled to Rs...... being maternity benefit and/or Rs.....

being the medical bonus and/or Rs...... being wages for leave due under 1[section

9 or 9A] 10 but the same has been improperly withheld by the employer. He may,

therefore, be directed to pay the amount to me.

Date…………………………… Signature or thumb impression of the woman

Signature of an Attester in case the woman is unable to sign and affixes

thumb impression.

Date……………………………........ Full address of the woman.

FORM I

[See rule 10]

To

The Inspector

(Under the Maternity Benefit Act, 1961)

I……………………………………....(name), a person nominated under section

6 by or a legal representative of........................................ (name of woman)

employed in................................................. (name and full address of 2[mine or

circus]) have to complain that the said woman having fulfilled the conditions laid

down in the Maternity Benefit Act, 1961 and the Rules thereunder is entitled to

Rs………………..... being maternity benefit and/or Rs..... being the medical

bonus and/or Rs………………………..... being wages for leave due under

3[section 9 or 9A] or 10 but the same has been improperly withheld by the

employer. He may, therefore, be directed to pay the amount to me.

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1 Subs. by G.S.R. 70 (E), dated 31st January, 1996 (w.e.f. 31-1-1996). 2 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 3 Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).

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Date …………………...... Signature or thumb impression of the

nominee/legal representative

Signature of an Attester in case the nominee/legal

representative is unable to sign and affixes thumb impression.

Date …………………………..... Full address of the nominee/legal

representative.

FORM J

[See rule 11]

To

Sir,

Shri………………………...... Inspector, having directed under sub-section (2)

of section 17 to pay the maternity benefit or other amount being………………......

(nature of amount) to which...................................... (name of woman) is said to

be entitled, I prefer this appeal under sub-section (3) of section 17. In view of the

facts mentioned in the memorandum attached hereto and other documents filed

herewith it is submitted that the woman is not entitled to the maternity benefit or

the said amount and hence the decision of the Inspector in this behalf, copy of

which is enclosed, may be set aside.

Signature of aggrieved person.

Full address.......................

Date....................

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FORM K

[See rule 15]

(Abstract of the Maternity Benefit Act, 1961, and the rules made thereunder).

1. No employer shall knowingly employ a woman during the six weeks

immediately following the day of her delivery of miscarriage/1[Medical

termination of pregnancy] and no woman shall work in any establishment

during the said period.

2. No pregnant woman shall, on a request being made by her in this behalf, be

required by her employer to do during the period of one month immediately

preceding the period of six weeks before the date of her expected delivery

and also for any period during this period of six weeks for which she does not

avail of leave of absence, any work which is of an arduous nature or which

involves long hours of standing, or which in way is likely to interfere with her

pregnancy or the normal development of the foetus, or is likely to cause her

miscarriage or otherwise to adversely affect her health.

3. 2[(1) Subject to the provisions of the Act, every woman who has actually

worked in an establishment of the employer from whom she claims maternity

benefit for a period of not less than eighty days, including the days during

which she was laid off, shall be entitled to, and her employer shall be liable

for, the payment of maternity benefit at the rate of her average daily wages,

or the minimum rate of wage fixed or revised under the Minimum Wages Act,

1948, or ten rupees a day, whichever is highest, for the period of her actual

absence not exceeding six weeks immediately preceding the day of delivery

and the remaining period immediately following that day:

Provided that the qualifying period of eighty days aforesaid shall not apply to

a woman who has immigrated into the State of Assam and was pregnant at the

time of the immigration:

Provided further that where a woman dies during the period for which

maternity benefit is pay able to her, the benefit shall be payable only for the days

upto and including the day of her death. However, where the woman having been

��

1 Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996). 2 Subs. by G.S.R. 64, dated 4th February, 1992 (w.e.f. 15-2-1992).

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delivered of a child, dies during her delivery or during the remaining period of

maternity benefit leaving behind in either case the child, the employer shall be

liable for the payment of maternity benefit for the entire period of maternity

benefit following the day of her delivery but if the child also dies during the said

period, then, for the days upto and including the day of the death of the child.]

(2) The amount of maternity benefit for the period preceding the date of her

expected delivery shall be paid in advance by the employer to the woman on

production of a certificate in Form ‘B’ stating that she is pregnant and is

expected to be delivered of a child within six weeks of the date of production

of the certificate, and the amount due for the subsequent period shall be paid

by the employer to the woman within forty-eight hours of production of the

certificate in Form ‘B’ or Form ‘D’ stating that she has been delivered of a

child or production of a certified extract from a Birth Register maintained

under the provisions of any law for the time being in force.

4. (1) Any woman employed in an establishment and entitled to maternity

benefit under the provisions of this Act may give notice in writing in Form ‘E’

to her employer, stating that her maternity benefit and any other amount to

which she may be entitled under this Act may be paid to her or to such

person as she may nominate in the notice and that she will not work in any

establishment during the period for which she receives maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall state the date from

which she will be absent from work, not being a date earlier than six weeks

from the date of her expected delivery.

(3) Any woman who has not given the notice when she was pregnant may give

such notice as soon as possible after the delivery.

(4) On receipt of the notice, the employer shall permit such woman to absent

herself from the establishment until the expiry 1[of the remaining period of

maternity benefit] after the day of her delivery.

5. (1) Every woman entitled to maternity benefit under the Act shall also be

entitled to receive from her employer a medical bonus of 2[two hundred and

fifty rupees], if no pre-natal, confinement and post-natal care is provided for

��

1 Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996). 2 Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).

�


by the employer free of charge. The medical bonus shall be paid alongwith

the second instalment of the maternity benefit.

(2) In case of miscarriage, a woman shall, on production of a certificate in Form

‘B’ or Form ‘D’ be entitled to leave with wages at the rate of maternity benefit,

for a period of six weeks immediately following the day of her miscarriage.

The wages shall be paid within 48 hours of production of the certificate in

Form ‘B’ or Form ‘D’.

1[(2a) In case of medical termination of pregnancy, a woman shall, on production

of a certificate in Form ‘B’ be entitled to leave with wages of the rate of

maternity benefit for a period of six weeks immediately following the day of

her medical termination of pregnancy. The wages shall be paid within 48

hours of production of the certificate in Form ‘B’.]

(3) A woman suffering from illness arising out of pregnancy, delivery, premature

birth of child or miscarriage/2[medical termination of pregnancy or tubectomy

operation] shall, on production of a certificate in Form ‘B’, be entitled, in

addition to the period of absence allowed to her on account of maternity or

miscarriage/3[medical termination of pregnancy or tubectomy operation], as

the case may be, to leave with wages at the rate of maternity benefit for a

maximum period of one month. The wages for the leave period shall be paid

within 48 hours of the expiry of that period.

6. Every woman delivered of a child who returns to duty after such delivery

shall, in addition to the interval for rest allowed to her, be allowed in the

course of her daily work two breaks of 15 minutes’ duration for nursing the

child until the child attains the age of fifteen months. An extra sufficient

period, depending upon the distance to be covered, shall be allowed for the

purpose of the journey to and from the creche or the place where the children

are left by women while on duty, provided that such extra period shall not be

less than 5 minutes and more than 15 minutes’ duration.

7. (1) When a woman absents herself from work in accordance with the

provisions of the Act, it shall be unlawful for her employer to discharge or

dismiss her during or on account of such absence or to give notice of

��

1 Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996). 2 Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996). 3 Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).

�


discharge or dismissal on such a day that the notice will expire during such

absence, or to vary to her disadvantage any of the conditions of her service.

(2)(a) The discharge or dismissal of a woman at any time during her pregnancy,

if the woman but for which discharge or dismissal would have been entitled to

maternity benefit or medical bonus shall not have the effect of depriving her

of the maternity benefit or medical bonus:

Provided that where the dismissal is for one or more of the following acts, the

employer may, by order in writing communicate to the woman, deprive her of the

maternity benefit or medical bonus or both—

(i) willful destruction of employer’s goods or property;

(ii) assaulting any superior or co-employee at the place of work;

(iii) criminal offence involving moral turpitude resulting in conviction in a court of

law;

(iv) theft, fraud, or dishonesty in connection with the employer’s business or

property; and

(v) willful non-observance of safety measures or rules on the subject or willful

interference with safety devices or with fire-fighting equipment.

(b) Any woman deprived of maternity benefit or medical bonus or both, may

within sixty days from the date on which the order of such deprivation is

communicated to her, appeal in Form ‘G’ to 1[the Competent Authority and

his decision] on such appeal whether the woman should or should not be

deprived of maternity benefit or medical bonus or both, shall be final.

8. If a woman works in any establishment after she has been permitted by her

employer to absent herself under the provisions of the Act, she shall forfeit

her claim to the maternity benefit for such period.

9. (1) Any woman claiming the maternity benefit or any other amount to which

she is entitled under the Act and any person claiming that payment due has

been improperly withheld may make a complaint to the Inspector in writing in

Form ‘H’ or ‘I’ as the case may be.

(2) The Inspector may, of his own motion or on receipt of a complaint in Form ‘H’

or I make an inquiry or cause an enquiry to be made and if satisfied that

��

1 Subs. by G.S.R. 64, dated 4th February, 1992 (w.e.f. 15-2-1992).

�


payment has been wrongfully withheld, may direct the payment to be made in

accordance with his orders.

(3) Any person aggrieved by the decision of the Inspector may, within, thirty days

from the date on which such decision is communicated to such person,

appeal to 1[the Chief Inspector of Mines].

(4) The decision of 2[* * *] 3[the Competent Authority] where an appeal has been

preferred to him or of the Inspector where no such appeal has been

preferred, shall be final.

10. (a) The employer shall supply to every woman employed by him at her

request free of cost copies of Forms ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, ‘H’ and I.

(b) The failure to submit a notice, appeal or complaint in the prescribed form will

not affect the right of a woman entitled to receive maternity benefit or any

other amount due under the Act. Where a notice, appeal or complaint has

been received in a form other than the prescribed form, the authority

concerned shall within fifteen days of the receipt of such notice, appeal or

complaint, require the woman to submit the notice, appeal or complaint, as

the case may be in the prescribed form.

11. (a) (1) The employer of 4[every mine or circus] in which women are employed

shall prepare and maintain a muster roll in Form ‘A’ and shall enter therein

particulars of all women workers in 5[the mine or circus.]

(2) All entries in the muster-roll shall be made in ink and maintained up-to-date

and it shall always be available for inspection by the Inspector during working

hours.

(b) The employer of 6[every mine or circus] shall on or before the 21st day of

January in each year submit 7[* * *] 8[the Competent Authority] a return in

each of the Forms ‘L’, ‘M’, ‘N’ and ‘O’, giving information as to the particulars

specified in respect of the preceding year.

��

1 Subs. by G.S.R. 64, dated 4th February, 1992 (w.e.f. 15-2-1992). 2 Omitted by G.S.R. 49, dated 4th January, 1988 (w.e.f. 16-1-1988). 3 Subs. by G.S.R. 64, dated 4th February, 1992 (w.e.f. 15-2-1992). 4 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 5 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 6 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 7 Omitted by G.S.R. 49, dated 4th January, 1988 (w.e.f. 16-1-1988). 8 Subs. by G.S.R. 64, dated 4th February, 1992 (w.e.f. 15-2-1992).

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FORM L

[See rule 16]

ANNUAL RETURN FOR THE YEAR ENDING ON THE 31ST DECEMBER, 19....

1. Name of 1[the mine or

circus]…………………………………………………………

2. Situation of 2[the mine or circus]

……………………………………………………..

Mauza District State Nearest Railway

Station………………………………………….

3. Date of opening of 3[the mine or

circus]………………………………………………

4. Date of closing, if

closed………………………………………………………………

5. Postal address of 4[the mine or

circus]………………………………………………..

6. Name of

employer………………………………………………………………………

Postal address of

employer…………………………………………………………….

7. Name of managing agent, if any. Postal address of managing

agent………………...

8. Name of Agent or representative of employer. Postal address of

representative of

employer………………………………………………………………………………

..

9. Name of

Manager………………………………………………………………………

��

1 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975). 2 Ibid. 3 Ibid. 4 Ibid.

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Postal address of

manager……………………………………………………………..

10. (a) Name of medical officer, attached to 1[the mine or

circus]……………………….

(b) Qualification of medical officer attached to 2[the mine or

circus]……………………

(c) Is he resident at 3[the mine or circus] ?..............................................................

(d) If a part-time employee, how often does he pay visits to 4 [the mine or

circus]…...

11. (a) Is there any hospital at 5[the mine or

circus]?................................................

(b) If so, how many beds are provided for women employees?

(c) Is there a lady doctor?

(d) If so, what are her qualifications ?

(e) Is there a qualified midwife ?

(f) Has any creche been provided ?

Signature of employer

Date............................

FORM M

[See rule 16]

EMPLOYMENT, DISMISSAL, PAYMENT OF BONUS, ETC., OF WOMEN FOR THE YEAR ENDING ON 31ST DECEMBER, 19.....

1. 6[Mine or

circus]…………………………………………………………………….…

��

1 Ibid. 2 Ibid. 3 Ibid. 4 Ibid. 5 Ibid. 6 Subs. by G.S.R. 59(E), dated 27th February, 1975 (w.e.f. 1-3-1975).

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2. Aggregate number of women permanently or temporarily employed during

the year…

………………………………………………………………………………….

3. Number of women who worked for a period of not less than 1[eighty days] in

the twelve months immediately preceding the date of

delivery…………………………..

4. Number of women who gave notice under section

6………………………………….

5. Number of women who were granted permission to remain absent on receipt

of notice of

confinement………………………………………………………………….

6. Number of claims for maternity benefit

paid………………………………………….

7. Number of claims for maternity benefit

rejected……………………………………..

8. Number of cases where pre-natal, confinement and post-natal care was

provided by the management free of charge (section

8)…………………………………………..

9. Number of claims for medical bonus paid (section

8)…………………………………

10. Number of claims for medical bonus

rejected…………………………………………

11. Number of cases in which leave for miscarriage/2[MTP] was

granted…………………

12. Number of cases in which leave for miscarriage/3[MTP] was applied for

but was rejected.

……………………………………………………………………………….

4[12a Number of cases in which leave for tubectomy operation under section 9A

was

��

1 Subs. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996). 2 Ins. by G.S.R. 70(E), dated 31st January, 1996 ‘w.e.f. 31-1-1996). 3 Ins. by G.S.R. 70(E), dated 31st January, 1996 ‘w.e.f. 31-1-1996). 4 Ins. by G.S.R. 70(E), dated 31st January, 1996 ‘w.e.f. 31-1-1996).

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granted………………………………………………………………………………

…

12b. Number of cases in which leave for tubectomy operation was applied for but

was

rejected.]………………………………………………………………………………

.

13. Number of cases in which additional leave for illness under section 10

was granted.

14. Number of cases in which additional leave for illness under section 10

was applied for but was

rejected……………………………………………………………………

15. Number of women who

died……………………………………………………………

(a) before delivery.

(b) after delivery.

16. Number of cases in which payment was made to persons other than the

woman

concerned……………………………………………………………………………

…

17. Number of women discharged or dismissed while

working……………………………

18. Number of women deprived of maternity benefit and/or medical bonus

under proviso to sub-section (2) of section

12………………………………………………

19. Number of cases in which payment was made on the order of the Competent

Authority or

Inspector…………………………………………………………………

20.

Remarks…………………………………………………………………………

………

………………………………………………………………………………………….

�


N.B.—Full particulars of each case and reasons for the action taken under serials

7,10,12,14,17 and 18 should be given in Appendix below:—

Date................................... Signature of employer.

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FORM N

[See rule 16]

DETAILS OF PAYMENT MADE DURING THE YEAR ENDING 31ST DECEMBER, 19.....

Name of person to whom paid……………………………. Amount

paid………………

1. Date of

payment…………………………………………………………………………

2. Woman

employee………………………………………………………………………...

3. Nominee of the

woman………………………………………………………………….

4. Legal representative of the

woman……………………………………………………..

5. Amount for the period preceding date of expected

delivery……………………….…..

6. Amount for the subsequent

period……………………………………………….……..

7. Under section 8 of the

Act………………………………………………………………

8. Under section 9 of the Act.

…………………………………………………………….

1[8a. Under section 9A of the

Act.]………………………………………………………..

9. Under section 10 of the

Act…………………………………………………………….

10. Number of women workers who absconded after receiving the first instalment

of maternity

benefit………………………………………………………………………

��

1 Ins. by G.S.R. 70(E), dated 31st January, 1996 (w.e.f. 31-1-1996).

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11. Cases where claims were contested in a court of

law…………………………………

12. Results of such

cases…………………………………………………………………..

13.

Remarks…………………………………………………………………………………

Signature of employer

Date....................................

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FORM-O

[See rule 16]

PROSECUTION DURING THE YEAR ENDING 31ST DECEMBER, 19.....

Place of employment of Number of cases Number of cases the woman employee instituted which resulted Remarks in conviction

------------------------------------------------------------------------------------------------------

(For mines)

N.B.—Reasons for prosecution should be given in full in the Appendix below:

Signature of employer.

Date............................................

Documents

THE MATERNITY BENEFIT MINES AND CIRCUS RULES, 1963hrylabour.gov.in/staticdocs/labourActpdfdocs/THE...THE HARYANA MATERNITY BENEFIT RULES, 1967 THE MATERNITY BENEFIT (MINES AND CIRCUS)